Seniority fixed from vacancy year for delayed DPCs, not assumption of charge, enabling notional promotion and further eligibility.

ORDER

PER: RASHMI SAXENA SAHNI, MEMBER (A)

1. Present original application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking following relief:-

(i) That the AISL of EE as on 03 Jan 2022 circulated by respondent No.3 vide letter dated 03.01.2022 (A-8) be quashed.

(ii) (ii) That directions be issued to respondents to fix the seniority of the applicant in the grade of AE with effect from 01.04.2001 and place the applicant appropriately in AISL above his juniors.

(iii) That directions be issued to the respondents to consider the applicant for promotion to the grade of EE against the vacancies for the year 2012-13, fix the seniority in the grade of EE with effect from 01.04.2012 and draw fresh AISL of EE.

(iv) That directions be issued to respondents to circulate fresh Seniority list of EE with seniority of the applicant in the grade of EE with effect from 01.04.2012 before conducting further DPC against the vacancies for vacancy year 2022- 23 for promotion from the grade of EE to SE.

(v) That directions be issued to respondents to consider the applicant for promotion to the grade of SE as per revised seniority list.

2. Facts of the case, as per the applicant, are as follows.

The applicant belongs to SC community and was appointed in Military Engineers Services (MES) Superintendent Building & Roads (In short Supdt. B&R) Grade II on 10.07.1987 through direct recruitment and he was further promoted to the grade of Supdt B&R Grade-l with effect from 09.12.1994. The posts of Supdt B&R Grade II and Supdt B&R Grade-I were merged and re-designated as Junior Engineer (Civil) vide MoD letter dated 09.07.1999 which becomes feeder cadre for promotion to A.E. and redesignated as Junior Engineer (Civil) (In short "JE Civil"). The applicant passed AMICE Section A&B from the Institute of Civil Engineers (India), an AICTE approved institution, which is equivalent to BE Civil Engineering. Necessary entries have been recorded in the service record of the applicant.

3. As per DOPT OM dated 19.07.1989 amended vide OM dated 17.09.1998 the eligibility dates for determining the eligibility of officers for promotion is first day of the crucial year i.e., January 1st of vacancy year irrespective of whether ACRs are written financial year wise or calendar year wise. Further instructions have been issued by DoPT vide OM dated 17.11.1986 that the DPC should be convened at regular interval to draw panels which could be utilized for making promotion against the vacancies occurring during the course of year. Therefore, in this case for vacancy year 2001-0, DPC was required to be finalized before 01 April 2001. It also is well settled law that if DPCs are delayed then notional seniority from vacancy year to be given to the employees to avoid loss of seniority for further promotion (Annexure A-1).

4. The applicant was considered by respondent No 2 for promotion from JE (Civil) to Assistant Engineer (Civil) (In short "AE Civil") against vacancy year 2001-2002 and Select Panel for promotion of JE (Civil) to AE Civil against the vacancy year 2001-02 and 2002-2003 was issued by respondent No 2 vide letter dated 16.09.2002 and name of applicant was included at Ser No 18 in Select Panel for the year 2001- 02 (Annexure A-2). Applicant was promoted to the grade AE Civil against vacancy year 2001-02 by respondent No 2 vide letter dated 07.10.2002. In pursuance to the promotion order applicant assumed the designation of AE Civil in the office of Garrison Engineer Kamptee on 11.11.2002. All